Rancho Mountain Properties, Inc. v. Gray

MEMORANDUM

Appellee Rancho Mountain Properties (“Rancho”) seeks to recover amounts owing on a guaranty executed by Appellants Ray and Linda Gray. The district court entered default against Linda Gray after she failed to appear, granted summary judgment against Ray Gray, and entered a final judgment against the Grays in the amount of $10,622,705.64. The Gray’s arguments on appeal are meritless (if not frivolous). We affirm.

I

The district court did not abuse its discretion by denying Linda Gray’s two motions to vacate entry of default, nor by granting Rancho’s motion for default judgment. Linda Gray has no meritorious defense to the claim against her. See Fed. R.Civ.P. 55(c), 60(b)(1); TCI Grp. Life Ins. Plan v. Knoebber, 244 F.3d 691 , 696-97 (9th Cir.2001), overruled in part on other grounds by Egelhoff v. Egelhoff ex rel. Breiner, 532 U.S. 141 , 121 S.Ct. 1322 , 149 L.Ed.2d 264 (2001).

II

The district court correctly granted summary judgment against Ray Gray. Rancho presented undisputed evidence in support of each element for a breach of guaranty, and Ray Gray did not show there was a genuine dispute as to any material fact. See Fed.R.Civ.P. 56(a); Spinks v. Equity…